By virtue of the State of Israel's authority and obligation to protect its civilians, it is entitled to take varied measure in order to defend itself from all domestic and external threats to its national security. Since September 2000, the State of Israel has been confronted by a massive and seemingly incessant wave of Palestinian terror. After hundreds of suicide bombings and terrorist attacks, in 2003 the Israeli government began the construction of a security barrier in an effort to prevent Palestinian terrorist infiltration.
The question of constructing the Security Barrier has been discussed by Israel's High Court of Justice. The Court examined the issue in light of International law and Israeli administrative law determining, amongst other things that the military commander is authorized to assume possession of land subject to belligerent occupation for strategic reasons if it is a military necessity. It was held that the security barrier falls within this framework. Such being the case, there is no breach of private ownership which would have undermined the legitimacy for its construction. The Court accepted the State's position, emphasizing that the barrier's construction is motivated by security concerns rather than any political agenda.
Concerning the barrier's route, the Court held that the military commander is responsible to find the appropriate balance between human rights and the local populaces' needs on the one hand and security issues on the other. For this purpose, the Court makes use of the principle of proportionality, according to which it is necessary that the achievement of legitimate military objectives (in our case, state security, protection of its citizens and the region) outweigh the impingement of the rights of the individual (in our case, the freedom of the local inhabitants subject to belligerent occupation).